| Citation(s) |
|---|
| 2002 SLG 1751 2002 SLD 1751 2002 PLC 324 |
Lahore High Court
Writ Petitions Nos.879 and 2189 of 2000, decision dated: 4-10-2000.
DR. MUNIR AHMAD MUGHAL, J
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Writ Petitions Nos.879 and 2189 of 2000, decision dated: 4-10-2000.
DR. MUNIR AHMAD MUGHAL, J
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Prof, Dr. MUHAMMAD SAEED and another
VS
SHEIKH ZAYEDHOSPITAL and others
Law:
Section:
Service Tribunals Act (LXX of 1973)-------Ss.2-A & 4---Constitution of Pakistan (1973), Arts.199 & 212--Constitutional petition ---Civil servant---Petitioner who was serving as Professor and Head of the Department was transferred and relegated to the post of O.S.D and respondent was appointed in his place---Petitioner in his Constitutional petition had sought declaration that said orders and all subsequent actions of the Authority were illegal, arbitrary, void and ineffective to the right of petitioner---Validity---Employees of the organisation had been declared to be civil servants amenable to the jurisdiction of Service Tribunal---Petitioner being a civil servant, High Court had no jurisdiction in his case in view of bar contained under Art.212 of the Constitution of Pakistan (1973), Mrs. M.N. Arshad and another v. Miss Naeema Khan PLD 1990 SC 612; Ghazala Perveen v. Federation of Pakistan 1994 PLC (C.S.) 684 and Dr. Rashid Anwar v. Federation of Pakistan 1996 SCMR 1572 ref. Muhammad Sair Ali for Petitioner (in Writ. Petition No. 879 of 2000). Muhammad Hussain Awan for Petitioner (in Writ Petition No:2189 of 2000). Syed Abrar Hussain, Law Officer for Respondents Nos. l to 3. Ch. Aamar Rehman for Respondent No.4. ORDER The petitioner seeks declaration that the impugned order, dated 12-1-2000 transferring selecting and making the petitioner as O.S.D. and all consequent orders and actions of the respondents appointing, promoting, selecting respondent No.4 as Professor and Head of Department of Obstetris and Gynaecology of Sheikh Zayed Hospital and Federal Post Graduate Medical Institute to be without lawful authority, arbitrary, unlawful, void and ineffective viz the rights of the petitioner and seeks that he be declared that he is continuing as Professor and Head of Department of Obstetris and Gynaecology, Sheikh Zayed Hospital and Federal Post Graduate Medical Institute. 2. The background of the case as submitted by the petitioner, invoking Constitutional jurisdiction of this Court under Article 199 of tire Constitution of Islamic Republic of Pakistan, 1973 read with Article 2 of the Provisional Constitution Order No. 1 of 1999 are that all powers for…
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